Bedingungen

In the present agreement,

"Attitude" means Attitude Hospitality Management Ltd, a company incorporated in the Republic of Mauritius with business registration number 80852, having its registered office at The Junction Business Hub, Calebasses Branch Road, Calebasses, Mauritius; and also includes Water Sports Village Ltd. operated by Attitude and trading as The Paradise Cove Boutique Hotel.

"Client" means the person named as Guest in the booking sheet of the present website as well as all the persons named in the "Booking Confirmation" table of the present website. The person named "Guest" undertakes to cause all the persons for which the booking is made to accept the present terms and conditions prior to sending the booking request. No booking or sale is possible without the person named as "Guest" in the present website as well as all the persons for which the booking is made having accepted the present terms and conditions.

The general terms and conditions apply for all bookings/sales made via the Attitude website. They govern the online booking/sale as well as the conditions of the stay of the Client.

The Client declares having received all necessary information prior to making the Attitude internet booking.

Any Attitude booking means that the Client accepts unreservedly the Attitude general terms and conditions as amended from time to time as well as all the other conditions pertaining to the option/booking chosen by him. The Client also agrees that no booking is possible without such approval.

Contract documents

The internet booking/sale and agreement is composed of the following documents:

The rates and the Client’s acceptance of the rates;

The main features and supplementary sales conditions attached to the "rates" internet sheet;

Payment methods;

The general terms and conditions;

The Booking Confirmation.

Personal use

The booking is made only for the personal use of the Client.

Capacity to make the booking

The Client declares having the legal capacity to enter into the present agreement and to make the payment associated with the booking. If ever a minor is concerned, the parents/judicial guardians of the minor certify having the legal capacity to enter into the present agreement in their aforesaid capacities and for and on behalf of the minor.

Notification of acceptance by Attitude necessary for the booking to be valid

Attitude will, upon receipt of a booking request, examine whether the request can be acceded to. If the request is accepted by Attitude, the Client will be sent an e-mail of acceptance. Such e-mail of acceptance will contain a reservation ID.

The said e-mail of acceptance is conditional upon the Client’s credit card being validly debited with the amount due.

If for any reason the credit card of the Client cannot be debited with the amount due, or if the bank transaction is subsequently reversed, the booking will be cancelled unilaterally and as of right by Attitude, without Attitude having to fulfil any judicial and/or extra-judicial formality, and Attitude will notify the Client via e-mail of such cancellation.

The acceptance e-mail of Attitude must be produced by the Client upon check-in at the hotel. The Client will also be requested to produce at the hotel at the time of check-in a proper identification document.

Cancellation policy and cancellation fees

Cancellation effected less than 10 days prior to the expected arrival date: 50 % cancellation fee.

Cancellation effected less than 4 days prior to the expected arrival date or no shows: 100 % cancellation fee.

During our peak season (22/12/2013 to 04/01/2014), cancellation effected less than 30 days prior to the expected arrival date or no shows: 100 % cancellation fee.

This is applicable to the total stay, including packages and transfers.

The time deadline for cancellations shall be 6:00HR PM/18:00HR (of Mauritius time).
Cancellation is not immediate; Attitude will revert to the Client within 48 hours of receipt of the cancellation request email.

The above is subject to the special conditions applicable for special offers.

Reimbursements

In the event of a refund, the relevant amounts will be transferred back by Attitude to the credit card used to make the original booking. Any booking charges applied will not be eligible for reimbursement.

Changes in the dates of bookings or room categories

Any change requested after a reservation has been confirmed must be addressed by email to the reservation department of the Hotel in respect of which the booking has been made.

Room availability and vacation

Rooms will normally be available as from 2HR PM / 14HR.

All rooms must imperatively be vacated before noon on the last day of the booking. Failure to do so shall result in the Client being billed for one extra night.

Compliance with occupancy description

The Client undertakes to comply strictly with the room occupancy description featured on the website in respect of the maximum number of persons and the adults/children classification that can occupy the specific room at any one time.

Use of rooms

The room shall be for the exclusive use of the Client.

The Client agrees and undertakes to use the room responsibly. Any behavior contrary to laws, good morals and/or public order will result in Attitude asking the room to be vacated and the Client having to leave the hotel compound. In such case no compensation or reimbursement shall be made by Attitude, and Attitude shall also not be responsible for any damages or prejudice if any. This will be applicable automatically and as of right, without Attitude having to fulfill any judicial or extra-judicial formality.

Compliance with hotel regulations

Those regulations are normally placed in the room. The Client undertakes to comply strictly with those regulations, failing which Attitude will have the right to ask the Client to vacate the room and leave the hotel compound. In such case no compensation or reimbursement shall be made by Attitude, and Attitude shall also not be responsible for any damages or prejudice if any. This will be applicable automatically and as of right, without Attitude having to fulfill any judicial or extra-judicial formality.

Registration forms

At the time of check-in, the Client will be requested to fill in and sign a registration form. A template of the registration form presently used is available here, and the Client expressly agrees to sign same or such amended version of the registration form on his arrival at the hotel.

Photographs on the website

Photographs shown on the website are for information purposes only. Although effort is made to ensure that the photographs, graphic images and text used to illustrate the displayed hotels and features provide as accurate an impression as possible of the accommodation offered, variations may occur, in particular as a result of any change of feature or renovation. The Client may not make any claim in that respect.

Exclusion and limitation of liability

Attitude shall not be liable in case of non-fulfillment or inadequate fulfillment of the services or sale of the goods in the event of force majeure, actions of third parties, or actions/omissions of the Client.

Attitude’s liability for effects lost by the Client shall be in accordance with the laws of Mauritius.

Attitude shall not be held responsible for the non fulfillment or inadequate fulfillment of any service or sale of any good, except in case of gross fault or gross negligence on its part, and subject to the other terms and conditions of the present website, including the general terms and conditions. The Client shall furthermore not have the right to make any claim for indirect or consequential damages.

No warranty on internet services

Attitude does not make any warranty in relation to internet access, or to availability or non availability of internet services. Attitude further does not make any warranty with regard to the absence of viruses on internet network.

Attitude makes no warranty that the website will be operational at all times. The Client shall not have the right to make any claim to Attitude if the website (including the internet booking pages and information) is temporarily or permanently out of use or not operational.

While every precaution has been taken, Attitude cannot ensure that a third party will not unlawfully access private details and Attitude advises the Client to take all necessary precautions. Attitude suggests that the Client does not permit others to access his personal codes or passwords. Attitude shall accept no responsibility in case of access by third parties to the Client’s private details, including personal codes or passwords, or the credit/debit card details. The Client accepts the inherent risks of using the present website.

Time-limit to make claims – where claims are to be made

All claims made by the Client in relation to the services or in relation to his stay shall imperatively be made in writing to Attitude within 24 hours from the event giving rise to the claim. Failure to do so by the Client shall render the claim inadmissible. All claims must bear the mention: ’Booking Claim + Reservation Number/Lastname’ in the mail subject.
Claims shall imperatively have to be made either by e-mail, facsimile, or hand delivery, at the Hotel’ following addresses:Paradise Cove Boutique Hotel
Royal Road – Anse LA Raie
Mauritius
F. +230 204 4040[email protected]

Payment

The Client shall provide his bank details as a guarantee of the booking.
In the event of a no show or of a cancellation, Attitude shall have the right to debit the card used by the Client in the internet booking with the amount of cancellation fees.

Prices

The prices appearing on the website are only valid for 24hrs. The prices cover only the specific items appearing in the box close to the rate. All prices are inclusive of VAT. If ever there is a change in taxes or in dues, the Client undertakes to pay all additional taxes or dues which may be applicable between the time of the booking and the time the services are actually delivered/goods are actually sold.

Insurance

Prices on the website do not include insurance. Attitude strongly recommends taking travel insurance.

Classification

Hotel’s star ratings are indicated as a general guide. Star ratings may differ according to the country where the hotel is located and are not necessarily the official local rating. Standards can vary between hotels and accommodation of the same class in the country.

Right to relocate the Client

In the event of unavailability of any room in the hotel booked by the Client, Attitude reserves the right to relocate the Client to another Attitude hotel of an equivalent category, without the Client having the right to make any claim for compensation.

Services/activities provided by independent contractors at the hotel or from the hotel

Some of the services and/or activities are carried out by persons independent from Attitude. The Client acknowledges that, if the said services/activities happen to be available at the hotel or from the hotel, they are not carried out under the responsibility of Attitude but under the responsibility of independent contractors. The Client may be requested to sign registration/disclaimer forms prior to be entitled to make use of the said services/activities. The Client also undertakes not to make any claim to Attitude and to its directors, managers and/or employees, in case of problem/damages in the course of or related to the said activities/services.

Data protection and privacy

The Client voluntarily accepts and consents to the collection, storage and processing of personal data provided to Attitude through the information inserted by him in the internet booking and sale. Attitude will keep this personal data confidential and secure.

Attitude will use such information in the context of the present internet booking and sale as well as for its own marketing and communication with the Client. Attitude may also use the said information to send to the Client promotional information about third parties which Attitude thinks the Client may find interesting.

The Client authorizes Attitude to communicate data to third parties on the condition that such communication is necessary to Attitude in the context of its activities.

Unless the Client specifically requests otherwise by clicking on the "unsubscribe" link at the end of any commercial e-mail, Attitude is authorized to send to the Client via e-mail any matters related to the internet booking or sale, newsletters, promotional offers, and/or all information which Attitude considers may be of interest to the Client in relation to the Attitude products and services.

The "unsubscribe" request by the Client will be activated by Attitude within a reasonable time.

Cyclones/bad weather conditions/transport problems

If the Client cannot reach the hotel due to a cyclone or bad weather conditions, or due to transport problems, in Mauritius or abroad, the Client shall be bound to pay for the day/days not used by him.

If the Client cannot leave the hotel due to a cyclone or bad weather conditions or due to transport problems, in Mauritius or abroad, Attitude shall try to find accommodation for him at any of its hotels, without Attitude giving any guarantee in that respect. In such case, the Client shall have, prior to him making the additional stay, to pay for the cost of such additional stay, at Attitude’s prevailing rates at the time the additional stay is made.

Passports and visas

Prior to making the internet booking, the Client declares being in possession of a valid passport, with a validity period sufficient to enable him to complete his stay at the hotel. It is also the Client’s responsibility to obtain all visas which are necessary to enable him to effect his stay at the hotel. Attitude shall not be held liable in case of failure to obtain a valid passport or a valid visa, and the absence of a valid passport or a valid visa shall not be considered as "force majeure".

Honeymoon packages

The special rates and advantages obtained from such packages can be seen on the [*] page.

In order to benefit from the said special rates and advantages, the Client must fulfil all the following conditions :
(a) The Client must arrive at the hotel at latest 9 months following the date of his marriage;
(b) The Client must produce a scanned copy of the marriage certificate at latest 7 days following the e-mail request by Attitude to that effect;
(c) The Client must also produce to the hotel at the time of check-in the original of the marriage certificate or a copy thereof duly certified by a civil status officer or equivalent authority of the country in which the marriage is effected.

If the Client does not produce a scanned copy of the marriage certificate at latest 7 days following the e-mail request by Attitude to do so, Attitude reserves the right to cancel the booking automatically and as of right. The Client will in such case receive a notification that the booking has been cancelled. In such case, all sums sent by the Client shall be reimbursed by Attitude to the Client net of banking charges[
If the Client does not produce, at the time of check-in, the original of his marriage certificate or a certified copy thereof in the manner set out above, Attitude shall have the right, in its entire discretion, either to cancel the booking and refuse access to the hotel, or to redirect the Client to another room of lower level in the same hotel, or to redirect the Client to another Attitude hotel of the same or a lower level, subject to room availability. In all cases, Attitude shall not effect any refund to the Client.

Development/ modification of the general terms and conditions of internet bookings and of the website

Attitude may change or add to these general terms and conditions of internet bookings/sales at any time. In this case, the new version of the general terms and conditions of internet bookings and sales will be published online by Attitude. From the time it is published online, the new version of the general terms and conditions of online bookings and sales will apply automatically to all clients.

General

The headings and titles are inserted for convenience only, have no legal effect and shall be ignored in interpreting this agreement.

In the present agreement,
a. words importing the singular include the plural and vice versa;
b. words importing a gender include every gender.

If any provision of this document is or becomes illegal, invalid, void or unenforceable under the law, the legality, validity and enforceability of the remainder of this document shall not be affected.

Governing law and jurisdiction

The present agreement shall be governed by the laws of the Republic of Mauritius. All disputes relating to the present agreement or to the services offered or goods sold following the internet booking shall be exclusively decided by the Courts of the Republic of Mauritius.